Monthly Archives: January 2018

Bombay high court dissolves marriage of couple who fought legal battle for 10 years | mumbai-news | Hindustan Times

Bombay high court dissolves marriage of couple who fought legal battle for 10 years

The Bombay high court held that the woman and her family harassed the husband and his family continuously, making their lives miserable

By Kanchan Chaudhari
The court said the woman acted deliberately to bring disrepute to the husband and his family and to disgrace her fatherinlaw a retired army officer
The Bombay high court dissolved the marriage of a couple who lived together for three months, but fought a legal battle for more than a decade.

A division bench of justices RM Savant and Sandeep Shinde confirmed a June 2009 order of the Pune family court order, which dissolved the marriage on the grounds that the woman and her family harassed the husband and his family continuously, making their lives miserable.

The couple got married on April 20, 2006 and started living together at their Pune home. On June 5, the woman left for her parents’ house in Agra and returned on September 2. She lived with her husband for a fortnight and then went back to her parents.

She returned to the Pune house in January 2007 by breaking the lock. She left for parent’s house 20 days later.

A year later, her husband approached the family court seeking a divorce. He said his wife fought with him and his parents, lodged false complaints against them and made their life miserable. The woman, however, said her husband and his family made unlawful demands and harassed her as she could not fulfil them.

The trial court granted the man a divorce, saying his wife and her parents treated him with cruelty. The woman appealed to the high court, but failed to secure relief.

The high court noted that soon after the man approached the family court, his wife’s father asked the Agra police to file a case against him, his parents and younger brothers,

The wife’s father secured warrants for the arrest of all “accused” and brought the Agra police to Pune in a private jeep. The police arrested the husband’s father and the brothers, taking them to Agra. They could not arrest the husband as he was not in Pune at the time. His mother was also spared for lack of a woman police constable.

Bombay high court dissolves marriage of couple who fought legal battle for 10 years | mumbai-news | Hindustan Times

https://m.hindustantimes.com/mumbai-news/bombay-high-court-dissolves-marriage-of-couple-who-fought-legal-battle-for-10-years/story-h4ZbzS8QvxzVvMraLYhgtL_amp.html?__twitter_impression=true

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India has 21 million girls over boys ! CNN blames even that on “preference for boys” !!

Indian men are regularly blamed for ALL sorts of things, including those that they are NOT remotely responsible for

For example some 50% to 70% of the rape complaint cases are reported as “rape on promise of marriage”. These are relationships that have gone bad. YES ! just relationships that did NOT end the way the woman wanted. Many of these are relationships where the woman wanted a marriage, but the man had a second thought. Since only men can be charged with Rape in India (India’s Rape law is so biased), 1000s of men are jailed for just this … and these fellas are tarnished as rapists, just because a relationship went bad.

Similarly, 10s of 1000s of fake dowry and Domestic violence cases are already documented and even decried by courts.

Now, to add to the “blame the patriarchy” , “blame Male preference” game, parents having MORE girls, is somehow blamed on MALE PREFERENCE !!

YES ! you read that right

Having more girls is due to “MALE PREFERENCE” !!

While I see NO logic in this thinking. I can only conclude that Indian parents have woken up to the fact the GIRLS have FAR MORE legal rights than sons. Parents know that GIRLS will have a much bigger say in deciding the course of their partners, houses, money and a lot of things, so parents want winners as children and are choosing girls

However popular narrative and logic need NOT go together, so …..

Screenshot - 1_30_2018 , 3_20_43 PM_ver001

 

Married woman leaves Husband children @ home goes out & has sex with lover at odd hours, but claims rape !!

Court finds the loopholes in the case and lots of evidence of voluntary running Ng away !!

Court acquits man of rape, says relations consensual – The Hindu

Court acquits man of rape, says relations consensual
A Delhi court has acquitted a man of the charge of raping a married woman, saying that the woman had established physical relations with him of her own volition.

According to the prosecution, the accused had contacted the woman over phone identifying himself as a private bank functionary and asked her whether she required a loan. The woman declined the loan offer but they continued to remain in touch over the phone.

‘Voluntarily left house’

One day the accused took her forcibly to a hotel and sexually assaulted her there, threatening that he would reveal her illicit relationship with him to her husband, said the complainant.

Dismissing the charges, Additional Sessions Judge Ramesh Kumar II said: “From the meticulous examination of prosecutrix it gets established that the prosecutrix had a consensual relationship with the accused. She voluntarily left her house at odd hours, leaving behind her children and husband sleeping in the house, accompanied him to different places in and outside Delhi, stayed with him and established physical relations with him.”

As per prosecutrix, the accused visited her house for the first time in September 2012, and on that visit he gave her a mobile phone and asked her to contact him on that number. When her husband came to know of the conversation between them, he got angry and smashed the mobile phone. The husband and the father of the woman also scolded the accused and asked him not to talk to the prosecutrix.

However, the Judge dismissed the story. “It is not believable that on the one hand the prosecutrix was not inclined to talk with the accused and on other, she accepted the mobile phone given to her by the accused to facilitate her conversation with him. And not only that, after the said phone was smashed by her husband, she continued her conversations with the accused,” the Judge said.

“It also does not appeal to reason that on the night of June 29, 2013, pursuant to the call of accused, the prosecutrix immediately went to meet him, leaving behind her children and husband sleeping in the house… the reason for leaving the house as stated by the prosecutrix was that she was threatened by the accused. And for that reason she went to a gali as the accused had promised to return her photographs, and also threatened her that he would disclose her photos and relations with him to her husband… this is not believable. Had there been such a threat, the prosecutrix would not have gone there to meet the accused. Rather, she would be expected to wake up her husband and tell him about the call made by the accused,” the Judge said

‘Accompanied accused’

“It is also not comprehensible that the prosecutrix would accompany the accused to different places i.e. Agra, Vrindavan and Mathura… or that the accused would take her photograph outside the Taj Mahal without her approval and consent. After returning to Delhi, the accused dropped her near her mother’s house at Sant Nagar. The said circumstances also clearly establish the consensual relations of the prosecutrix,” the Judge further said.

“The testimony of the prosecutrix is not trustworthy and full of doubt. In the light of testimony of the prosecutrix, I am of the opinion that there is no ground for convicting the accused for the alleged offences. At this stage, this court is of the firm opinion that the prosecution has failed to prove the charges under Section 365 (kidnapping)/376 (rape)/506 (criminal intimidation) of the IPC against the accused beyond reasonable doubt. Accordingly, this court acquits accused Sanjeev Kumar from the charges under Sections 365/376/506 of the IPC,” the Judge said, while acquitting the accused.

Court acquits man of rape, says relations consensual – The Hindu

http://www.thehindu.com/news/cities/Delhi/court-acquits-man-of-rape-says-relations-consensual/article22362871.ece

NRI beware! Court asks NRI to pay 140,000 (per month??) to WELL educated wife & kid

NRI are badly hit with interim maintenance orders. While the main case drags on and on for years, the NRI men are forced to shell out huge sums of money in the name of “.. standard of living parity..” and “…interim maintenance..” , ‘…. matrimonial duties…” etc

Here’s another such case where an NRI has been forced to pay a WELL EDUCATED estranged wife

The Case is from 2015, order has come up in 2018 !!

money

Working wife also entitled to alimony: Court

Aamir Khan | TNN | Updated: Jan 27, 2018, 02:37 IST

NEW DELHI: In a significant order, a husband’s plea against an order of paying Rs 1.40 lakh maintenance to his estranged wife has been dismissed by a court on the ground that it is the duty of the husband to maintain his wife and it has to be put on a higher pedestal. The court ruled that even if the wife is employed, she is entitled for the status and standard of living which she used to enjoy at her matrimonial home.
In his views, additional sessions judge Suresh Kumar Gupta noted that a wife is deprived of many comforts after she leaves the matrimonial home. “Sometimes, she loses interest in life. The monetary comfort from her husband gives her some solace. She might be living in her parental house but even then she has to incur some expenses. She has to constantly look after the child by performing her duties day and night. She does not get that support which she would have got in case she had been residing in the matrimonial home,” observed the court.

The amount was passed on June 22, 2015, by the trial court which directed the husband to pay Rs 1 lakh to the wife and Rs 40,000 towards the maintenance of their minor child. Advocate Prashant Mendiratta, who appeared for the wife, relied on various judgments of the Supreme Court to contend that even if the wife is earning, it did not deprive her from claiming maintenance from her husband.

The couple married in India, but subsequently moved to Singapore. Following differences, the woman accused her husband of domestic violence and returned to India in June, 2011. Contesting the maintenance claim, the man argued that his wife was a postgraduate degree holder in business administration. It made her highly qualified and capable of earning more than him, it was argued. Another submission showed that after their divorce took place on September 1, 2014, following which the maintenance to the wife was denied by a Singapore court, but that order was not considered by the trial court back here.

The man also argued that the cost of living in Singapore was double than that of Delhi. A huge chunk of his salary, he pointed out, went in taking care of his daily needs. He even gave a break up of his expenditure and financial liabilities. For the court, however, the argument did not hold water. “The appellant has failed to show his actual expenditure in dollars in Singapore so his salary in dollars can be taken into consideration for the grant of interim maintenance,” it said.

It added that the wife was entitled to a life style similar to that which she enjoyed at her matrimonial home. Recording that the income of the husband was far more than that of the woman, the court pointed out that she had been looking after their child ever since she left him. “The child also needs the same standard which he has enjoyed with his father or would have enjoyed if stayed with him. The income of the respondent is not enough to maintain that standard of life which she along with child has enjoyed in the matrimonial home,” asserted the court.

 

https://timesofindia.indiatimes.com/city/delhi/working-wife-also-entitled-to-alimony-court/articleshow/62666805.cms?from=mdr